Toronto, Ontario, June 8, 2007
PRESENT: The Honourable Madam Justice Heneghan
BETWEEN:
and
AND IMMIGRATION
REASONS FOR ORDER AND ORDER
[1] Ms. Fantaye Mekbib Berhanu (the “Applicant”) seeks judicial review of the decision, dated August 3, 2006, dismissing her application for protection pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c. 27, as amended (the “Act”).
[2] The Applicant, a citizen of Ethiopia, came to Canada on October 22, 2005 and claimed to be a Convention refugee pursuant to section 97 of the Act. Her claim was based upon her political opinion, that is as a supporter of the All Ethiopian Unity Party (the “AEUP”) and the Coalition for Unity and Democracy (the “CUD”).
[3] The Board did not believe the Applicant and made negative credibility findings against her including negative findings relative to certain documents submitted by the Applicant in support of her claim.
[4] In order to succeed in this application, the Applicant must show that the Board erred in its application of the law or in its assessment of the evidence or that there was a breach of procedural fairness. The Applicant focused her arguments upon the Board’s findings of fact and submitted that these are reviewable upon the standard of patent unreasonableness, including the findings with respect t her credibility.
[5] In my opinion, the Applicant here failed to show, on the balance of probabilities, that the Board committed a reviewable error in its assessment of credibility. The transcript of the Applicant’s oral evidence before the Board supports the conclusions that were drawn. No judicial intervention is warranted and this application is dismissed, no question for certification arising.
ORDER
This application for judicial review is dismissed, no question for certification arising.
“E. Heneghan”
Judge
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-4657-06
STYLE OF CAUSE: Fantaye Mekbib Berhanu and the
Minister of Citizenship and Immigration
PLACE OF HEARING: Toronto, Ontario
APPEARANCES:
Mr. Paul VanderVennen |
FOR THE APPLICANT |
Ms. Bridget O’Leary |
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
VanderVennen Lehrer Toronto, Ontario
|
FOR THE APPLICANT |
John H. Sims, Q.C. Deputy Attorney General of Canada |
FOR THE RESPONDENT |